Himanshu Chaurasia @ Himanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49351 of 2019 Arising Out of PS. Case No.-102 Year-2019 Thana- BHAGWANPUR District- Begusarai ====================================================== HIMANSHU CHAURASIA @ HIMANSHU KUMAR, S/O Dinesh Chaurasiya, Resident of village- Akaha, P.S.- Bhagwanpur, DistrictBegusarai. At Present R/Vill- Bhagi, P.S.- Muffasil, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 16-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Bhagwanpur P.S. Case No.102 of 2019 instituted for the offence under Section(s) 420, 120-B Indian Penal Code and Section(s) 30(a) of Bihar Prohibition and Excise Act.

Counsel for the petitioner submits that recovery of illicit liquor has been made from Scorpio vehicle and from the house of Babita Devi. There is no recovery from possession of the petitioner.

Petitioner is in custody since 12.06.2019.

Counsel for the petitioner further submits that other co-accused have already been granted regular bail by co-

Patna High Court CR. MISC. No.49351 of 2019(2) dt.16-08-2019 2/2 ordinate Bench of this Court by order dated 16.07.2019 passed in Cr. Misc. No.43761 of 2019.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge 2nd cum Special Judge, Excise Act, Begusarai, in connection with Bhagwanpur P.S. Case No.102 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner.

It appears from para 3 that two more cases under the Excise Act are pending against the petitioner. The petitioner will file an Affidavit at the time of his furnishing bail bond that he will not indulge in such activities in future. In the event, he is found indulged in such activity in future, his bail bond in the instant case shall liable to be cancelled.

(Sanjay Priya, J) J. Alam/- U T